This article provides the review procedures and standards instituted to provide an opportunity to use a lot or parcel for an activity which, under certain circumstances, might be detrimental to other permitted land uses, or which contain unique features. The procedures and standards apply to those special land uses which are specifically designated as such in this chapter.
Each application shall be reviewed on an individual basis for conformity and compliance with the standards of this chapter, including those for site plan review and a finding that the special land use will meet all of the specific standards below:
A. 
The use is designed and constructed, and will be operated and maintained, so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, will be compatible with adjacent uses of land, and will not change the essential character of the area in which it is proposed.
B. 
The use is, or will be as a result of the special land use permit, served adequately by public services and facilities, and including, but not limited to streets, police and fire protection, drainage structures and refuse disposal. Adequate water and sanitation facilities must be available.
C. 
The use does not involve activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors.
D. 
The use shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site.
E. 
The site plan proposed for such use demonstrates compliance with the applicable specific design standards for the special land use as contained in Article 5.
F. 
The use is consistent with the New Buffalo Township Master Plan.
A. 
Planning Commission review. The Planning Commission shall:
(1) 
Review the application to determine whether it satisfies the standards for special land uses, and all other applicable standards of this chapter.
(2) 
Hold a public hearing to consider the proposed special land use consistent with the procedures for a public hearing in § 455-10.7 pursuant to the Michigan Zoning Enabling Act, P.A. 110 of 2006.[1]
[1]
Editor's Note: See MCLA § 125.3101 et seq.
(3) 
Conduct a finding of fact and approve with conditions or deny the special land use permit.
B. 
Township Board review. Following receipt of the Planning Commission Recommendation, the Township Board shall review the application and site plan requesting a special land use permit. The Township Board shall render its decision to approve, approve with conditions, or deny the special land use permit based on the standards specified in § 455-8.2.
C. 
Approval. The special land use permit shall be approved upon determination that it is in compliance with the standards of this chapter, other Township planning documents, other applicable ordinances, and state and federal statutes. Upon approval, a special land use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed on the use. Such approval shall affect only the lot or area thereof upon which the use is located.
D. 
Conditional approval. The Planning Commission may approve a special land use permit, subject to any conditions to address necessary modifications, obtain variances, or secure approvals from other agencies. Conditions imposed shall meet the objectives of § 455-6.6D.
E. 
Denial. If the Planning Commission determines that a proposed special land use does not meet the standards of this chapter, or otherwise will tend to be injurious to the public health, safety, welfare, or orderly development of the Township, it shall deny the application.
All special land use decisions shall be recorded consistent with the requirements of § 455-6.8 with the addition that evidence of the record be submitted to the Township Clerk within 45 days.
The standards and procedures for amendments or modifications of an approved special land use permit shall be the same as those for site plan review in § 455-6.10, with the exception that a major amendment to an approved special land use permit will require a new public hearing following the standards and process in § 455-10.7.